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Monday, November 6, 2017

CS writes to CPMG on re-fixation of pay consequent upon up-gradation of Grade Pay of Inspector Posts w.e.f. 01-01-2006

No. AIAIPASP/Corr-1/05/2017
Date: 06-11-2017
To
Dr. Santosh Ku. Kamila, IPoS
Chief Postmaster General
          Odisha Circle, Bhubaneswar-751001

Sub:- Upgradation of Grade Pay of Inspector Posts w.e.f. 01-01-2006 - Regarding re-fixation.      


Respected Sir,  

A kind reference is invited to Department of Posts Letter No.2-12/2013-PCC dated 24-10-2017 regarding upgrdation of Grade Pay of Inspector Posts w.e.f. 01-01-2006. Apparently the re-fixation of Pay at DDOs level is pending due to the following reason:-

According to the 6th Central Pay Commission (CPC) recommendations, the CCS (Revised Pay) Rules, 2008 in Rule 8 provides for granting entry level pay of Rs.12,540/- + Rs.4,600/-(GP) in the grade pay Rs.4,600/- in Section II of Part A of first Schedule to Direct Recruits on or after 01-01-2006. On the other hand on applying Rule 7 and Rule 13 of the CCS (Revised Pay) Rules, 2008 for the Inspector Posts who were in service before 01-01-2006 and promoted on or after 01-01-2006 respectively, their pay will come to less than the entry level pay of Rs.12,540/- + Rs.4,600/-(GP)=Rs.17,140/- indicated for Direct Recruits. It will create a lot of anomaly in the pay between the Direct Recruit and promoted Inspector Posts.

In a similar situation, some Trained Graduate Teachers (TGT) promoted from the post of Primary School Teachers(PST) on or after 01-01-2006 had filed OA No.3217/2014 in the Hon’ble CAT Principal Bench, New Delhi for re-fixation of pay as per 6th CPC revised report dated 29-08-2008 in Pay Band Rs.9,300-34,800 in the Grade Pay of Rs.4,600/- from 01-01-2006 for TGT Posts in the pay scale of Rs.12,540/- + Rs.4,600/-(GP)=Rs.17,140/-. The Hon’ble CAT Principal Bench, New Delhi in its judgment pronounced on 04-04-2016 directed the respondents “to ensure that none of applicants’ pay is fixed at a stage lower that the pay which could be drawn by a direct recruit appointee on or after 01-01-2006”.  
 
Government of NCT of Delhi & ANR filed W.P (C) No.2634/2017 in the Hon’ble High Court of Delhi at New Delhi challenging the impugned order dated 04-04-2016 in OA No.3217/2014  passed by Hon’ble CAT Principal Bench, New Delhi. The Hon’ble High Court of Delhi at New Delhi in its order dated 23-03-2017 observed that “In any case, the same post cannot have two pay scales-one for the promote and other for the direct recruit for it violates the principle of ‘equal pay for equal work’.” The Hon’ble High Court of Delhi at New Delhi dismissed the writ petition.  

Further, Government of NCT of Delhi & ANR filed SLP No.23663/2017 in the Hon’ble Supreme Court of India challenging impugned final judgment and order dated 23-03-2017 in WP No.2634/2017 passed by Hon’ble High Court of Delhi at New Delhi. The Hon’ble Supreme Court of India in its order “directed the Government of India to immediately look into the matter and issue appropriate orders for granting the pay-scale so that people need not unnecessarily travel either to the Tribunal or the High Court or this Court.”  The Hon’ble Supreme Court of India dismissed the SLP. All the orders are enclosed for kind reference.

On behalf of this Association, I request your good self to take a favourable decision in the light of above judgments and pass an appropriate order for re-fixation of pay of Inspector Posts, those who were in service as on 01-01-2006 or promoted after 01-01-2006, which has been upgraded to the Grade Pay of Rs.4,600/- w.e.f. 01-01-2006.    

  
With profound regards,

Yours sincerely,


(Pitabasa Jena)

Circle Secretary

1 comment:

Unknown said...

Sir

As per Rule 13(i) of CCS RP Rules 2008, min pay to be given if after giving increment in old scale the new pay is less than the min of HIGHER Pay Band. Here a PA from PB1 is promoted to IP in PB2 with Gp 4600/-. There is change in pay band unlike MACP or promotion in same PB like IP to ASP. So I think if pay of any PA IP on promotion is fixed lower than min 17140/- it has to be clear stepped up automatically.